AOA BREAKING NEWS By the time that this edition of Arbitrarily Speaking! appears on your screen, 2021 would be in full swing. The Association is a beehive of activity. Our academic activities and our virtual international mediation training courses ha... read more
TO SUPPORT OR NOT TO SUPPORT INTRODUCTION What duty of lateral support does a property owe to its neighbouring properties? Our law has from time immemorial imposed a duty of lateral support on properties with a concomitant right to lateral support in favo... read more
THE ROLE OF AN EXPERT WITNESS AND THE EVALUATION OF EXPERT EVIDENCE WHAT DOES THE EXPRESSION ‘EXPERT WITNESS’ MEAN? GENERAL The expression ‘expert witness’ is ordinarily used to refer to a witness whose opinions, and the reasons on which they are ... read more
SHOULD ADJUDICATION DETERMINATIONS AND ARBITRATION AWARDS IN THE FIELDS OF BUILDING, CONSTRUCTION AND ENGINEERING LAW BE PUBLISHED?[1] THE QUESTION Why do employers and contractors in the building, construction and engineering industries (the construction... read more
INTERESTING POINTS CONCERNING ADJUDICATIONS: THE RECENT JUDGMENT IN CONFACT CORE CONSTRUCTION CC V JLK CONSTRUCTION (PTY) LTD[1] Confact Core Construction CC (Confact), as sub-contractor, and JLK Construction (Pty) Ltd (JLK), as contractor, concluded a No... read more
THE ARBITRATION DEFENCE: S 6(1) OF THE ARBITRATION ACT AND THE COMMON LAW Dear Uncle Oswald A lively discussion ensued while I was staring at the glowing embers of a Sekelbos campfire with our mutual friend, Fearless Frikkie, licking Karoo lamb fat from ... read more
SPECIALISATION IN CONSTRUCTION LAW INTRODUCTION The Specialisation in Construction Law Course is a one-year distance learning course. It is intended for persons interested in gaining a better understanding of construction law in South Africa. Constructi... read more
MEDIATION AND MEDIATION TRAINING – THE RESOLUTION REVOLUTION Over the years the Association of Arbitrators (Southern Africa) regularly joined forces with its long-standing friends at the Society of Mediators in London to provide our members with opportu... read more
Advocate Eric Dunn, SC, is the editor of this e-periodical. Eric is a member of the Maisels Group of Advocates and a senior member of the Johannesburg Bar. He is a director and Fellow of the Association of Arbitrators (Southern Africa) NPC, as well as... read more
Our Experienced Practitioner, Adv Tjaart van der Walt SC, will present this important workshop as part of the Association’s ongoing mission to provide regular upskilling opportunities for everyone with an interest in Alternative Dispute Resolution and ... read more